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	<title>Comments on: Open letter to visitor to our web:  Rant on CRA</title>
	<link>http://blog.danwhite.ca/2011/04/10/open-letter-to-visitor-to-our-web-rant-on-cra/</link>
	<description>Dan White's Personal Web Site where he provides information on tax topics in Canada.</description>
	<pubDate>Tue, 22 May 2012 02:30:00 +0000</pubDate>
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		<title>By: Steven Wright</title>
		<link>http://blog.danwhite.ca/2011/04/10/open-letter-to-visitor-to-our-web-rant-on-cra/#comment-44252</link>
		<author>Steven Wright</author>
		<pubDate>Mon, 27 Jun 2011 15:45:13 +0000</pubDate>
		<guid>http://blog.danwhite.ca/2011/04/10/open-letter-to-visitor-to-our-web-rant-on-cra/#comment-44252</guid>
		<description>Hey, I also have a little rant on the CRA,

In response to Dan White regarding Fighting the CRA on your own, I recently won a court case in regards to a tax shelter type program i applied for (VIA Project)which is great but you should of heard the things they were accusing me of due to previous cases similar to mine. In my Opinion the Court’s should not be active participants in the determination of the quantum of tax paid by any taxpayer, shaping their interpretation of the legislation so as to result in a pre-determined conclusion. It is the Court’s responsibility to interpret and apply the legislation in a consistent and equitable manner, so that one will be able to determine with some degree of certainty, the application of the Act (ITA) and the amount of one’s  tax payable. That was the message in the SCC in Her Majesty the Queen (Appellant) v. Canada Trustco Mortgage Company (Respondent) 2005 D.T.C. 5523 and it should be the case in all of our jurisprudence, especially where based in whole or in part on the Courts of Equity; however, that is increasingly not becoming the case as more and more Justices are becoming pro-active makers of law, rather than constructive appliers of the law. And this is wrong.</description>
		<content:encoded><![CDATA[<p>Hey, I also have a little rant on the CRA,</p>
<p>In response to Dan White regarding Fighting the CRA on your own, I recently won a court case in regards to a tax shelter type program i applied for (VIA Project)which is great but you should of heard the things they were accusing me of due to previous cases similar to mine. In my Opinion the Court’s should not be active participants in the determination of the quantum of tax paid by any taxpayer, shaping their interpretation of the legislation so as to result in a pre-determined conclusion. It is the Court’s responsibility to interpret and apply the legislation in a consistent and equitable manner, so that one will be able to determine with some degree of certainty, the application of the Act (ITA) and the amount of one’s  tax payable. That was the message in the SCC in Her Majesty the Queen (Appellant) v. Canada Trustco Mortgage Company (Respondent) 2005 D.T.C. 5523 and it should be the case in all of our jurisprudence, especially where based in whole or in part on the Courts of Equity; however, that is increasingly not becoming the case as more and more Justices are becoming pro-active makers of law, rather than constructive appliers of the law. And this is wrong.</p>
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